Andrews v. Ballard

MEMORANDUM AND ORDER

McDONALD, District Judge.

INTRODUCTION

This is a challenge to the constitutionality of Articles 4510, 4510a, 4510b, and 4505(12) and (15) of the Texas Medical Practice Act, Tex.Rev.Civ.Stat.Ann. arts. 4495-4512, as applied to the practice of acupuncture, and Rules 386.01.12.001-002 of the Texas State Board of Medical Examiners. Those articles and rules generally provide that only licensed physicians can practice acupuncture in the state of Texas. 1 The plaintiffs are 46 residents of Harris County, Texas, who seek acupuncture treatment. They maintain that the constitutional…